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The specification of outermost() says: The effect of the function call fn:outermost($nodes) is defined to be equivalent to the result of the expression $nodes[not(ancestor::node() intersect $nodes)]. However, it also says that the result is in document order with duplicates eliminated. The expression given does not achieve this. An equivalent expression that has this property would be $nodes[not(ancestor::node() intersect $nodes)]/.
The WG agreed to change the equivalent expression as described.